United States · United States Congress · 24 May 1989
Student Loan Abuse Prevention Act of 1989 - Amends the Higher Education Act of 1965 (the Act) to authorize the Secretary of Education (the Secretary) to take emergency action to suspend disbursement of funds to an eligible institution under title IV (Student Assistance) of the Act, to prevent misuse of funds under specified circumstances. Directs the Secretary, whenever eligibility of an institution has been terminated, to: (1) carry out a program review of each affiliated and successor institution; and (2) if any such institution is committing similar violations, carry out a proceeding to limit, suspend, or terminate eligibility or take emergency action suspending disbursement of funds. Terminates the effectiveness of any program participation agreement with an institution after it undergoes a change of ownership resulting in a change of control, if the Secretary determines that the new owner, a member of the new owner's family, or a current business associate of the new owner was substantially involved in the ownership or administration of another institution that has: (1) been limited, suspended, or terminated by the Secretary; (2) declared bankruptcy; (3) failed to pay the Department of Education a liability for program management; or (4) failed to pay refunds owed to students or lenders on behalf of students. Requires that an institution be given the opportunity to demonstrate, by a preponderance of evidence, that it continues to be eligible for student assistance purposes, if the Secretary determines not to permit its eligibility to resume after the change of control. Prohibits institutions, under student aid program participation agreements, from using any independent contractor or anyone other than a salaried employee, except in specified circumstances, to conduct any canvassing, surveying, recruiting, or similar activities, or to make final determinations that an individual meets the institution's admissions or financial aid eligibility requirements. Authorizes the Secretary to prescribe regulations for civil penalties or the limitation, suspension (up to 60 days), or termination of eligibility of an institution on account of violations by an individual or organization having a contract to administer any aspect of such institution's student assistance program. Requires the Secretary to establish the National Student Loan Data System and to assure that such computerized System is operational by October 1, 1989. (Such system is currently authorized but not mandated.)
United States · United States Congress · 23 May 1989
College Opportunity Act of 1989 - Amends the Higher Education Act of 1965 to establish programs for additional financial aid and counseling for low-income students. Authorizes the Secretary of Education to establish programs to: (1) guarantee to low-income students with a high school diploma or equivalent the financial assistance necessary to permit them to attend an institution of higher education; and (2) provide incentives to States and local educational agencies to provide additional counseling to students and parents about college financing options, and elementary and secondary school students at risk of dropping out. Requires that grants to students under this Act be used to: (1) replace all or part of the amount a student would otherwise be required to borrow in guaranteed or direct student loans; and (2) reduce the expected family contribution of qualified low-income students. Requires States to demonstrate increased spending on counseling for at-risk students and an improved student-to-counselor ratio, in order to qualify for counseling program payments. Conditions assistance under this Act on a family adjusted gross income of less than $26,000 (but subtracts from the grant amount one-half of the amount by which such income exceeds $18,000).
United States · United States Congress · 18 May 1989
Chemical and Biological Weapons Nonproliferation Act - Sets forth U.S. policy concerning chemical and biological weapons. Requires the Secretary of Commerce to issue such regulations, licenses, and orders as may be required to control the export of materials, equipment, and technology having significance for the manufacture or use of chemical and biological weapons. Makes subject to the penalties imposed by the Export Administration Act of 1979 any person who violates any regulation, license, or order issued by the Secretary. Requires the Secretary of State to assess the risk of the proliferation of chemical and biological weapons. Specifies particular matters to be considered by such assessment and requires such assessment to give particular attention to the materials, equipment, and technology that have direct significance for the production and use of chemical and biological weapons. Requires the Secretary of State to submit to the Congress a biannual report describing the status of: (1) control of the proliferation of chemical and biological weapons; (2) efforts to prevent the spread of such weapons; and (3) programs to control the export of materials, equipment, and technology having direct significance for the production of chemical and biological weapons. Requires the Secretary of State to establish a Chemical Industry Advisory Group to provide advice to the Secretary concerning such assessment and such biannual report. Requires the Secretary of State to inform the appropriate committees of the Congress of developments of significance to the proliferation and control of chemical and biological weapons.
United States · United States Congress · 9 May 1989
Infectious Disease Control Act of 1989 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a National Program for Tropical Medicine to achieve optimal prevention of human infectious diseases originating in the tropics and to plan and coordinate governmental and non-governmental activities. Requires the Program to be administered by a Director selected by the Secretary. Sets forth Program responsibilities of the Director and requires the Director to prepare a plan for the implementation of those responsibilities. Establishes the National Committee on Tropical Medicine to advise the Director. Authorizes appropriations for FY 1990 through 1992.
United States · United States Congress · 4 May 1989
State and Local Government Alien Assistance Reimbursement Act of 1989 - Provides reimbursement to States and local governments for expenses associated with the provision of certain public assistance to aliens. Requires: (1) recipient State or local entities to report annually to the Attorney General; and (2) the Attorney General to report annually to the Congress.
United States · United States Congress · 4 May 1989
Long-Term Home Care Act of 1989 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide part A coverage of long-term home care furnished to chronically ill beneficiaries. Provides such coverage to otherwise uncovered chronically ill or disabled individuals who are age 65 or older and unable to perform at least two daily living activities. Amends title II (Old Age, Survivors and Disability Insurance) of such Act to cover, under part A of the Medicare program, long-term home care provided to children under age 19 who: (1) are chronically ill or disabled and unable to perform at least two daily living activities; or (2) require a medical device to compensate for the loss of a vital body function and substantial and ongoing nursing care to avert death or further disability. Holds monthly payments for the latter category of children to the amount which would be payable under the Medicaid program (title XIX of the Act) if such children were institutionalized. Limits monthly payments for other individuals to 65 percent of the average monthly Medicaid payment for full-time skilled nursing facility services if such individuals have a severe impairment and to 50 percent if they have a moderate impairment. Requires that long-term home care be provided pursuant to a written plan of care established, on the basis of an in-person assessment of the individual, and periodically reviewed by a trained case management team of a public or nonprofit private long-term care management agency and approved by the individual and the individual's physician. Lists the services which comprise long-term home care. Defines a "chronically ill individual" as an individual who requires assistance with at least two daily living activities or has a similar level of dependency due to cognitive impairment. Directs the Secretary of Health and Human Services to establish a prospective payment methodology and uniform national payment rates for long-term home care services. Provides that when expenditures for this Act's benefits exceed revenues raised pursuant to this Act, a copayment shall be imposed on long-term care, payment limits for such care shall be reduced, and prior surpluses shall be used to eliminate such deficit. Directs the Secretary to promulgate a long-term home care consumers' bill of rights which includes rights: (1) facilitating consumer participation in the planning and delivery of services; (2) requiring consumer notification regarding services, charges for services, and the termination or reduction of services; (3) protecting consumer dignity, privacy, and property; and (4) ensuring service from properly trained and competent individuals. Requires home health agencies to: (1) comply with the home care consumers' bill of rights and provide consumers with copies of such bill of rights; (2) implement prompt grievance review procedures and provide copies of such procedures to consumers; (3) ensure that each long-term home care provider whom they employ or have under contract receives training; and (4) evaluate annually and supervise each long-term home care provider whom they employ or have under contract. Conditions coverage of durable medical equipment services on providers: (1) issuing written instructions to and training the long-term home care consumer and staff in the operation of such equipment; and (2) formulating an emergency plan for providing services to the consumer. Requires long-term care management agencies to: (1) comply with the home care consumers' bill of rights and provide consumers with copies of such bill of rights; (2) implement prompt grievance review procedures and provide copies of such procedures to consumers; (3) provide consumers with schedules of the services to be provided; (4) provide consumers with statements on how to appeal agency benefit decisions; (5) maintain procedures assuring prompt access to long-term home care services; (6) ensure that case management personnel receive adequate training; and (7) establish and implement care management processes which include methods for measuring the progress of care and a statement of the criteria and procedures for the transfer or discharge of a consumer to another agency, program, or service. Directs the Secretary to establish procedures for conducting unannounced surveys of long-term care management agencies' compliance with Medicare participation conditions, with more frequent surveys required for agencies with poor compliance records. Authorizes the Secretary to contract with States having survey and enforcement procedures equivalent to those the Secretary would otherwise apply to conduct such compliance surveys and transmit their results to the Secretary annually. Directs the Secretary to develop procedures for reviewing State surveys. Directs the Secretary to promulgate regulations pursuant to which peer review organizations (PROs) shall monitor the provision of home health services and long-term home care, devoting at least 75 percent of their efforts to quality assurance. Requires the inclusion of: (1) both documentary review and personal interviews of home care consumers and providers in the PRO review process; and (2) representatives of home care providers and consumers in PRO membership. Requires the Secretary to establish a Consumer Board to oversee the review activities of PROs. Directs the Board to report to the Secretary and the State's chief executive on October 1 of each year regarding such review activities. Requires the Secretary to develop methods for monitoring continuity in the provision of home health care and outcome-oriented criteria for monitoring the quality of such care. Requires that PROs: (1) establish and operate statewide toll-free hotlines for receiving home care questions and complaints; and (2) assist consumers in resolving problems related to home care quality and case management services. Directs Consumer Boards and PROs to cooperate with State and local officials in educating consumers regarding quality assurance programs and the assistance available for consumers with quality assurance programs. Requires States to establish community advisory boards to monitor the activities of long-term care management agencies and annually report their findings to the Secretary. Requires the Secretary to: (1) develop a range of sanctions for, and procedures to implement such sanctions against, long-term care management agencies that fail to comply with this Act's requirements; and (2) report to the Congress on January 1 of each year regarding the availability, adequacy, and use of sanctions. Directs the Secretary to: (1) encourage States to develop home care provider licensing and certification policies; and (2) issue a biennial report on State implementation of such policies. Requires the Director of the Office of Technology Assessment to appoint a Long-Term Care Advisory Council with which the Secretary must consult in implementing and administering this Act. Directs the Secretary to award grants for home health agency, long-term care management agency, and long-term home care provider training programs and to furnish States and such agencies and providers with training materials. Directs the Secretary to: (1) conduct, and issue a report regarding, studies on long-term home care quality assurance measures; and (2) report to the Congress on January 1 of each year regarding the nature and performance during the preceding fiscal year of the home care quality assurance system. Authorizes appropriations from the Federal Hospital Insurance Trust Fund to carry out the long-term home care quality assurance program. Directs the Secretary to issue regulations, within six months of this Act's enactment, for implementing the long-term home care quality assurance program. Directs the Secretary to conduct demonstration projects to: (1) determine the relative effectiveness, cost, and impact on the quality of long-term home care of using different models of providing and reimbursing Medicare case management services; (2) determine the relative effectiveness, cost, and impact on quality of long-term home care of using different models of providing and reimbursing long-term home care services for seriously mentally ill individuals and family caregivers; (3) determine the feasibility of providing Medicare long-term care benefits for working-age individuals with severe functional limitations; and (4) test the feasibility of including adult day care within Medicare long-term home care coverage. Provides for the inclusion of adult day care within Medicare long-term home care coverage if the Secretary finds that its inclusion will not result in expenditures for adult day care exceeding savings in other long-term health care and will maintain the quality of Medicare long-term home care. Permits disabled individuals to purchase part A Medicare coverage during the 24-month waiting period preceding their entitlement to such coverage. Gives such individuals the option of enrolling for long-term home care benefits, for part A benefits other than long-term home care benefits, or for both. Amends the Internal Revenue Code to subject all of an individual's wages and self-employment income to the Hospital Insurance tax.
United States · United States Congress · 4 May 1989
Social Security Improvement Act of 1989 - Title I: Prohibition Against Consideration of Legislation Reducing Social Security Benefits - Prohibits the Congress from considering any legislation which effects a reduction in benefits under title II (Old Age, Survivors and Disability Insurance) (OASDI) or XVI (Supplemental Security Income) (SSI) of the Social Security Act. Considers the enactment of such prohibition to be an exercise of congressional rulemaking powers, subject to change in the same manner and to the same extent as any other rule of the House of Representatives or the Senate. Title II: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the OASDI and SSI programs. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and supplemental security income, and as to legislation and matters of administrative policy. Establishes in the Administration: (1) an Executive Director; (2) a Deputy Director of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the OASDI and SSI programs within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Requires the establishment of demonstration projects involving the delegation of authority from the Office of Personnel Management and the General Services Administration to the Board. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Title III: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to the Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance Program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the OASDI program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund. Title IV: Additional Provisions Relating to Social Security - Amends the OASDI program to permit the payment of lump-sum death benefits for burial expenses in the case of an insured individual who has no surviving spouse living in the same household at the time of his or her death. (Currently, the payment of lump-sum death benefits in such a case is restricted to a widow or widower entitled to benefits on the basis of the insured's wages and self-employment income or a child so entitled.) Raises the ceiling on such payments. Amends the Internal Revenue Code to repeal the taxation of OASDI and tier 1 railroad retirement benefits. Amends the OASDI program to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
United States · United States Congress · 3 May 1989
De Soto Trail Commission Act of 1989 - Title I: De Soto Expedition Trail Commission - Establishes in the Department of the Interior the De Soto Expedition Trail Commission to assist with the establishment of a commemorative highway route of the De Soto expedition through the States of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Texas. Authorizes appropriations. Title II: Highway Route of the De Soto Expedition - Directs the Secretary of the Interior to designate a vehicular route as the Highway Route of the De Soto Expedition. Authorizes appropriations.
United States · United States Congress · 3 May 1989
National Board and Care Reform Act of 1989 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to define a "board and care facility" as a facility providing food, shelter, and personal assistance to more than one SSI or Old Age, Survivors and Disability Insurance (title II of the Social Security Act) (OASDI) beneficiary who is unrelated to the owner or operator of such facility. Lists the rights of facility residents, including the right to control his or her receipt of health-related services and the right to examine the most recent survey of the facility and any plan of correction in effect with respect to the facility. Requires that facility residents be given oral and written notice of such rights, including a written statement that a resident may file a complaint with a State survey and certification agency respecting resident abuse and neglect and misappropriation of resident property. Prohibits facilities from admitting or retaining residents who are bedbound, require skilled nursing care, or a level or type of care the facility is not equipped to provide. Requires that each board and care facility: (1) employ at least one full-time administrator who has successfully completed a basic initial and ongoing training program approved by the Secretary of Health and Human Services and has not been convicted of any felony or defrauding the Federal Government; (2) be sufficiently staffed, with at least one staff member present at the facility at all times; (3) adopt certain measures to preserve facility safety and sanitation; (4) fully meet each resident's dietary and nutritional needs, including those prescribed by a physician; (5) assure residents prompt and efficient access to health care; and (6) provide and actively promote resident participation in a program of daily activities which do not consist solely of television viewing. Makes the States responsible for certifying that board and care facilities comply with this Act's requirements. Requires each State to: (1) conduct periodic educational programs for facility staff and residents regarding the requirements imposed on such facilities; (2) provide for the receipt, review, and on-site investigation of allegations of resident neglect and abuse and of misappropriation of resident property; (3) conduct an unannounced inspection of each facility at least once every 15 months (though the statewide average interval may not exceed 12 months) for compliance with this Act's requirements; and (4) maintain procedures and adequate staff to monitor, on-site, on a regular, as needed basis, the compliance of a facility with this Act's requirements if the facility was previously found out of compliance or the State has reason to question its compliance. Directs the Secretary to: (1) provide for the comprehensive training of State inspectors; and (2) conduct sample onsite inspections of facilities within two months of State inspections to test the adequacy of State inspections. Requires that: (1) certain information regarding facilities and their compliance with this Act's requirements be made available to the public; (2) the State long-term ombudsman be notified of a facility's noncompliance with any of this Act's requirements; and (3) State Medicaid fraud and abuse control units be given access to facility survey and certification information. Requires that when a State determines that a facility's deficiencies immediately jeopardize residents' health and safety: (1) temporary management be appointed to oversee the closure of the facility or correction of its deficiencies; or (2) it be prohibited from keeping or admitting OASDI or SSI beneficiaries. Directs the Secretary to appoint temporary management for such a facility when the Secretary finds that its deficiencies immediately jeopardize residents' health and safety. Sets forth other remedies to be applied when the health and safety of facility residents is not immediately jeopardized. Authorizes the imposition of civil monetary penalties against facilities found to be in compliance with this Act's requirements but to have been out of compliance previously. Reimburses States for 90 percent of their inspection and enforcement activities. Directs each State to maintain a program to aggressively seek out and identify unlicensed board and care facilities. Permits States to establish a program rewarding facilities providing the highest quality of care to residents who are OASDI or SSI beneficiaries. Increases, by ten percent, the SSI benefit available to beneficiaries who reside in certified board and care facilities. Requires States to make supplementary payments to eligible facility residents whose income does not exceed the Federal poverty level. Directs the Secretary to establish a system of monitoring and periodic review of a statistically significant number of all payments made under the OASDI and SSI programs to ensure that payments are being made to the proper parties. Sets forth reporting requirements. Amends title XVIII (Medicare) of the Social Security Act to prohibit hospitals from discharging patients to board and care facilities which fail to satisfy this Act's requirements. Requires such hospitals to report facility noncompliance to the State. Amends title XIX (Medicaid) of the Social Security Act to require State Medicaid fraud control units to monitor for, investigate, and prosecute illegalities and fraud in the provision of medical assistance to residents of board and care facilities. Sets the Federal matching rate for such activities at 90 percent. Directs the Secretary to: (1) provide grants to States and localities to train operators and staff of board and care facilities and advocates of facility residents; (2) develop model training methods and supporting training material within one year after this Act's enactment; and (3) provide grants to States, localities, and private nonprofit organizations to establish temporary emergency shelters for the abused elderly and disabled. Authorizes appropriations for such grant programs from FY 1990 through 1992.
United States · United States Congress · 26 April 1989
Expresses the sense of the House of Representatives that the Bankruptcy Court and all involved parties should facilitate the prompt restoration of Eastern Airlines to full operations through appropriate action which may include appointment of a trustee, pending the sale of the company.
United States · United States Congress · 25 April 1989
Amends title XVIII (Medicare) of the Social Security Act to prohibit recognizing as reasonable costs any amounts for the direct costs of approved educational activities for approved medical residency training programs of a provider unless the provider has in effect: (1) an approved residency training program in the field of geriatric medicine; and (2) a two-year medical fellowship program in the field of geriatric medicine. Directs the Secretary of Health and Human Services to assign to each hospital and skilled nursing facility a number of two-year fellowships that an institution must maintain to meet the above requirement.
United States · United States Congress · 25 April 1989
Fraud Victims Restitution Act of 1989 - Amends the Federal criminal code to provide for the criminal and civil forfeiture of the proceeds of mail and wire fraud violations. Makes the forfeiture procedures of the Controlled Substances Act applicable to forfeitures under this Act. Permits courts to order the forfeiture of substitute assets if the property subject to forfeiture under this Act: (1) cannot be located; (2) has been transferred to a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value; or (5) has been commingled with other property. Sets forth procedures for the seizure of property subject to forfeiture. Sets forth procedures and rules for the disposition of forfeited property (first making the property and proceeds available to reimburse the victims).
United States · United States Congress · 25 April 1989
Directs the Secretary of Health and Human Services to conduct a clinical trial in order to determine the efficiency and economic feasibility of providing Medicare (title XVIII of the Social Security Act) coverage for personal emergency response systems. Requires each personal emergency response system to include, for purposes of the clinical trial: (1) communication equipment located in the home which transmits signals for emergency medical assistance over the telephone; (2) a local response center to monitor such signals; and (3) medical personnel or other persons to provide emergency medical assistance. Appropriates specified amounts from the Federal Hospital Insurance Trust Fund in FY 1989 and 1990 to carry out this Act. Directs the Secretary to transmit to the Congress a report containing the findings and conclusions of the clinical trial, along with any legislative recommendations.
United States · United States Congress · 25 April 1989
Prohibits any individual from obtaining a position as a graduate medical student or a physician in any federally funded hospital or medical facility if such individual's license to practice medicine was procured through an intentional misrepresentation of a material fact (including cheating on an examination required for licensing).
United States · United States Congress · 25 April 1989
Amends title XVIII (Medicare) of the Social Security Act to require the Director of the Office of Technology Assessment to annually review changes affecting the cost of surgical procedures for the implantation of artificial devices and organs for which Medicare makes payments: (1) in medical technology, skill, and procedures; and (2) in the costs of artificial devices and organs. Requires the Director to recommend to the Secretary of Health and Human Services changes in the amounts that should be recognized as reasonable for purposes of Medicare payments.
United States · United States Congress · 13 April 1989
World War I Veterans' Service Pension Act - Directs the Administrator (effective March 1989, Secretary) of Veterans Affairs to pay a monthly pension of $150 to each veteran of World War I who meets specified service requirements. Requires such veteran, if receiving another pension administered by the Veterans Administration (effective March 1989, Department of Veterans Affairs) (VA), to elect which pension he will receive. Provides for the payment of a monthly pension of $100 to surviving spouses of World War I veterans who meet certain marriage requirements. Requires such surviving spouses to choose between pensions if they are currently receiving another pension through the VA.
United States · United States Congress · 13 April 1989
Expresses the sense of the House of Representatives that the President should: (1) call for an immediate cease-fire among the parties in Lebanon, the removal of all foreign military forces, and the disbanding of all paramilitary forces there; (2) urge all parties in Lebanon to respond to the international call for an immediate cease-fire and to undertake immediate discussions regarding internal reconciliation; (3) support international efforts to implement a cease-fire and start a process of internal reconciliation; and (4) support actions to encourage the election of a new president in Lebanon.
United States · United States Congress · 12 April 1989
Older Americans Child Care Employment Amendments of 1989 - Amends the Older Americans Community Service Employment Act to require the Secretary of Labor to enter into agreements with public or private nonprofit agencies or organizations for the conduct of no more than 100 experimental projects employing individuals who are age 55 or older in providing day care to children. Requires that such agencies or organizations: (1) receive one-third of their funding from non-Federal sources; (2) charge families a day care fee which is proportional to their financial resources; (3) provide day care in facilities other than private residences; and (4) be subject to the most comprehensive State licensing requirements or regulatory standards applicable to similar day care providers in the State. Prohibits the making of grants pursuant to this Act to more than two agencies or organizations in each State in any fiscal year. Authorizes appropriations for such projects.
United States · United States Congress · 10 April 1989
Wetlands No Net Loss Act of 1989 - Requires the Secretary of the Interior to designate a nonprofit organization as a Wetlands Preservation Trust if such organization: (1) is established for the purpose of acquiring ownership interests in wetlands, former wetlands, and related property and for restoring, creating, or preserving wetlands; and (2) meets, and submits an application in accordance with, the Secretary's requirements. Amends the Internal Revenue Code to create special rules for contributions of land to such Trusts. Applies the 50 percent limitation on charitable contribution deductions to contributions of wetlands to such Trusts. Permits a ten-year carryover for excess contributions. Extends the deadline for the exchange of property held for productive use or investment if such contributions are made as part of such exchanges. Permits the carryover of unused deductions on a taxpayer's last return if such taxpayer dies before the close of the last taxable year for which such deductions could have been allowed. Authorizes the Secretary, acting through the Office of Wetlands Identification and Preservation, to make grants to States from the Wetlands Preservation Account for the implementation of State Wetlands Conservation Plans. Outlines requirements of such Plans. Prohibits the Secretary from approving any Plan that: (1) excludes any area of State wetlands solely on the basis of that area being less than a minimum size; or (2) excludes from Plan administration areas of wetlands the preservation of which is significant for achieving the purposes of this Act. Amends the Fish and Wildlife Act of 1956 to require the Director of the U.S. Fish and Wildlife Service to establish the Office of Wetlands Identification and Preservation within the Service. Requires the Director, acting through the Office, to: (1) identify all U.S. wetlands and associated uplands which are suitable for preservation; (2) produce and make available to the public maps of such lands; and (3) carry out title III of the Emergency Wetland Resources Act of 1986 (State and Federal Wetland Acquisition). Authorizes the Director, acting through the Office, to enter into agreements with private persons to carry out wetlands preservation. Permits such agreements to provide for: (1) the transfer of wetlands to Trusts; and (2) technical assistance to owners of wetlands who enter into such preservation agreements. Establishes the Wetlands Preservation Account. Requires at least 60 percent of Account funds to be available for grants to States. Requires the Secretary of the Treasury to deposit into such Account amounts received in the form of: (1) criminal penalties for certain permit violations of the Federal Water Pollution Control Act; and (2) civil and administrative penalties under such Act. Directs the Secretary to transfer annually to the Account $300,000,000 from the Land and Water Conservation Fund. Authorizes appropriations. Requires the head of each executive agency to: (1) complete an inventory of all wetlands and associated uplands owned or managed by the agency; and (2) implement a plan for the protection of wetlands included in the inventory. Requires such agencies to submit such plans to the head of the Office and the Secretary of the Interior. Amends the Federal Water Pollution Control Act to transfer the authority to issue permits for discharge of dredge and fill material from the Secretary of the Army to the Secretary of the Interior, acting through the Office. Revises provisions regarding reporting requirements. Repeals a provision requiring the submission of comments on permit applications. Prohibits the Secretary of the Army from authorizing any dredging of wetlands under the Rivers and Harbors Appropriations Act of 1899 without the prior approval of the Secretary of the Interior. Requires the Director of the Office of Technology Assessment to study and report to the Congress on: (1) incentives under Federal and State laws for the protection and management of wetlands; (2) potential modifications to existing Federal laws to improve their effectiveness in creating such incentives and to increase the permanence of such protection; and (3) ways in which the Federal Government may encourage State and local governments to create additional incentives for the protection and management of wetlands by private individuals.
United States · United States Congress · 6 April 1989
Everglades National Park Protection and Expansion Act of 1989 - Title I: Everglades National Park Expansion - Modifies the boundaries of the Everglades National Park, Florida. Authorizes the Secretary of the Interior to acquire lands for addition to the Park. Authorizes appropriations. Authorizes the Secretary to expedite the construction of a visitor center facility at Everglades City, Florida. Designates the facility the Marjory Stoneman Douglas Center. Title II: Fort Jefferson National Monument Redesignation Study - Requires the Secretary, within two years after enactment of this Act, to transmit to specified congressional committees a study of the feasibility of expanding and redesignating Fort Jefferson National Monument as Fort Jefferson National Park.
United States · United States Congress · 5 April 1989
Amends the Federal criminal code to prescribe penalties for the unauthorized use of the name Visiting Nurse Association or Visiting Nurse Service or of the name or insignia of the Visiting Nurse Association of America.
United States · United States Congress · 5 April 1989
National Guardianship Rights Act of 1989 - Grants the following rights to allegedly incapacitated individuals with respect to guardianship proceedings: (1) the nonwaivable right of prompt notice that includes specified required contents; (2) the right to a convenient forum; (3) the right to be present at all proceedings, unless disability prevents attendance; (4) the right to counsel; and (5) the right to an independent professional guardianship evaluation team of specified membership to examine the individual, report, and be available for cross examination during the guardianship proceedings. Requires dismissal of the guardianship action if the team determines the individual to be free of any incapacity. Grants the right to a jury in a guardianship proceeding, as well as the right to present evidence, call witnesses, and cross examine. Requires clear and convincing evidence that an individual is incapacitated and that no less restrictive form of intervention is available before a guardianship order may be issued. Discounts age as a basis for determining incapacity. Limits both the scope and duration of transfers of responsibility for the care and protection of an incapacitated person or the management of his or her estate to the minimum necessitated by the particular incapacity. Permits the individual to retain all rights not expressly transferred in the guardianship order. Dissolves the order if its justification ceases to exist. Grants to an incapacitated individual the right to a competent and trained guardian. Prohibits convicted felons from serving as guardians. Permits the right of appeal and the right to a prompt reconsideration of the determination of incapacity, the guardianship order, or the choice of guardian. Requires: (1) guardians to report to the court at least annually on the financial, mental, physical, and personal status of the incapacitated person; and (2) courts to investigate at least annually the well-being of persons protected under their guardianship orders. Directs States to submit to the Attorney General implementation plans indicating compliance with this Act. Describes procedures and timetables associated with these plans, including mandatory sanctions for States that fail to comply. Empowers the Attorney General to make grants to the States to enable compliance with this Act. Enumerates permitted grant uses. Describes application and selection procedures. Authorizes appropriations. Permits States to impose additional or more extensive protections that do not conflict with this Act.
United States · United States Congress · 5 April 1989
Consumer Products Safe Testing Act - Prohibits Federal department or agency heads from considering LD50 test results when determining product safety, labeling, or transportation requirements for purposes of Federal regulation. (LD50 is a procedure whereby toxicity is measured in terms of the median dose that will kill 50 percent of the test animals within a specified time.) Requires Federal department and agency heads to: (1) review and evaluate directives that call for the use of an animal toxicity test; and (2) promulgate regulations specifying the use of nonanimal alternatives. Requires that animal toxicity testing regulations be subject to periodic agency review and to public comment in certain cases.
United States · United States Congress · 5 April 1989
Emergency Phone System Equal Access Act - Amends the Communications Act of 1934 to require that any telecommunication system that is operated by a provider of public safety services, used to provide public safety emergency answering services, and manufactured, imported, or installed in the United States more than one year after the enactment of this Act be readily accessible to hearing- and speech-impaired individuals.
United States · United States Congress · 4 April 1989
Employee Pension Protection Act of 1989 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise fiduciary standards applicable to pension plan assets to account for duties with respect to assets of terminated plans. Establishes fiduciary standards to apply to employer reversions upon plan termination, requiring an employer to establish and maintain a complete replacement plan or a substantial replacement plan in connection with the termination. Prescribes requirements to govern both types of plans. Links the establishment of either of these new plans to the amount of any employer reversion, requiring the new plans to have assets sufficient to pay all liabilities to participants and their beneficiaries. Considers any plan fiduciary or sponsor to be jointly and severally liable for violation of ERISA if requirements regarding complete replacement or substantial replacement plans upon plan termination are not met at any time during the five-year period beginning on the date of final distribution of assets from the terminated plan. Describes fiduciary duties to govern the distribution of plan assets to participants and beneficiaries upon plan termination in cases when the employer does not set up a replacement or substantial replacement plan. Institutes fiduciary duties with respect to distributions of plan assets upon termination in direct trustee-to-trustee transfers to individual retirement plans. Directs the Secretary of Labor to prescribe reporting requirements in connection with these transfers.
United States · United States Congress · 23 March 1989
Emergency Refugee Act of 1989 - Authorizes additional FY 1989 refugee admissions from the Soviet Union, Eastern Europe, Vietnam, the Near East, and East Asia First Asylum countries. Transfers unused FY 1989 State legalization impact assistance grant (SLIAG) funds to cover specified costs related to such admissions. Authorizes additional SLIAG FY 1990 and 1991 appropriations. Authorizes FY 1990 and 1991 appropriations for anti-discrimination in employment activities. Authorizes SLIAG funds to be used for: (1) employment training and educational outreach programs for legalized aliens; and (2) State enforcement of anti-discrimination activities. Establishes an administrative appeals process for States applying for SLIAG assistance. Gives education priority under such grants to basic citizenship skills (English language and United States history and government).
United States · United States Congress · 23 March 1989
Amends the Education of the Handicapped Act to authorize the Secretary of Education to make a grant to each of ten eligible State and local educational agencies and private educational institutions for demonstration programs addressing the educational needs of elementary and secondary school students with dyslexia. Authorizes appropriations for FY 1990 and thereafter.
United States · United States Congress · 23 March 1989
Designates the week beginning September 1, 1989, as World War II Remembrance Week in commemoration of the 50th anniversary of the outbreak of that War.
United States · United States Congress · 21 March 1989
Anti-Terrorism Sanctions Act of 1989 - Requires the President to revoke the most-favored-nation trade status of certain foreign countries that repeatedly support international terrorism. Prohibits duty-free treatment for the products of such countries under the Trade Act of 1974 or the Caribbean Basin Economic Recovery Act. Prohibits the Secretary of Commerce from consulting with the governments of such countries regarding international travel and tourism. Allows the President to waive any sanction under this Act with respect to any foreign country if such waiver would be in the best interests of the United States. Requires the President to give 30 days' notice to the Congress concerning any waiver.
United States · United States Congress · 20 March 1989
Young Americans Act of 1989 - Title I: Declaration of Objectives; Definitions - Sets forth the declaration of objectives and definitions under this Act. Title II: The Administration on Children, Youth, and Families - Establishes in the Office of the Secretary of Health and Human Services an Administration on Children, Youth, and Families which shall be headed by a Commissioner on Children, Youth, and Families. Directs the Commissioner to advise, consult, and cooperate with the head of each Federal agency or department proposing or administering programs or services substantially related to the purpose of this Act. Establishes a Federal Council on Children, Youth, and Families. Directs the Council to report annually to the President. Authorizes appropriations for FY 1990 through 1993. Directs the Secretary of Health and Human Services to issue regulations for the administration of this Act. Directs the Secretary to measure and evaluate the impact of all programs authorized under this Act. Directs the Commissioner to report annually to the President and the Congress on the activities carried out under this Act and other activities delegated by the Secretary to the Administration. Provides for advance funding. Title III: Grants for State and Community Programs for Children, Youth, and Families - Part A: General Provisions - Authorizes appropriations for FY 1990 through 1993 for grants under this title. Sets forth requirements for a State to be eligible to participate in grant programs. Requires designation of an independent State body to: (1) serve as an effective and visible advocate for children and youth by reviewing and commenting on all State plans, budgets, and priorities which affect children, youth, and their families and by providing technical assistance to those representing the needs of the young; (2) develop and administer the State plan; (3) coordinate all State activities related to the purpose of this Act; and (4) divide the State into district planning and service areas and designate area agencies for children, youth, and families. Requires State plans to be based upon needs as identified through analysis of updated "State of the Child" reports. Provides that State allotments may be used for grants to pay up to 75 percent of the cost of administration of a State plan. Part B: Supportive Services - Directs the Commissioner to make grants to States under approved State plans to demonstrate successful program approaches to service gaps identified through State and area planning and advocacy efforts. Lists eligible services. Provides that grants pay up to 85 percent of supportive services. Title IV: White House Conference on Young Americans - 1990 White House Conference on Young Americans - Directs the President to call a White House Conference on Young Americans in 1990. Provides that the Conference shall be planned and conducted under the direction of the Secretary of Health and Human Services in cooperation with the Commissioner on Children, Youth, and Families and the heads of other appropriate Federal agencies. Requires a final report of the Conference to the President within 180 days following its adjournment. Directs the Secretary, within 90 days after submission of the report, to transmit to the President and the Congress recommendations for administrative action and legislation necessary to implement the report's recommendations. Directs the Secretary to establish an advisory committee to the Conference and such other committees as may be necessary to assist in planning, conducting, and reviewing the Conference. Authorizes appropriations for FY 1990 and 1991 to carry out this title.
United States · United States Congress · 20 March 1989
Children's Health Protection Act of 1989 - Sets forth limitations on tobacco product advertising, promotion, and packaging. Includes among restrictions on advertising: (1) no pictures of anyone or anything but a single package of the product, no larger than actual size, with black print on a white background; and (2) no location in or on sports facilities or cars, boats, or sporting equipment or within 500 feet of any school attended by students under age 18. Includes among restrictions on promotion: (1) no free samples or coupons for free or reduced cost; (2) no sponsorship of athletic, music, artistic, or other events; (3) no marketing of nontobacco products or services which bear the same name or symbol of a tobacco product, unless the name is that of a corporation in existence before 1986; and (4) no payment for the appearance of the tobacco product or its name or symbol in any movie, television show, play, or other entertainment form or on any toy or vehicle, boat, or other sports equipment, unless the name is that of a corporation in existence before 1986. Requires tobacco product packages sold or distributed in the United States to have: (1) no depiction of a human figure, no brand name or symbol, and no picture; and (2) black print on a white background. Grants U.S. district courts jurisdiction over civil actions brought to restrain violations of this Act. Deems any tobacco product advertised, promoted, or packaged in violation of this Act to be a misbranded drug under the Federal Food, Drug, and Cosmetic Act. Sets forth the relationship of this Act to: (1) Federal Trade Commission authority; (2) State and local regulations; and (3) requirements of the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Education Act of 1986.
United States · United States Congress · 15 March 1989
Age Discrimination in Employment Waiver Protection Act of 1989 - Amends the Age Discrimination in Employment Act of 1967 (the Act) to prohibit an individual from waiving any right under the Act without the supervision of a court, except in settlement of a bona fide claim alleging a certain kind of prohibited age discrimination. Allows a settlement of a bona fide claim to occur only if the settlement is knowing and voluntary and only if certain criteria are met, including filing notice with the Equal Employment Opportunity Commission (EEOC). Defines "bona fide claim," for such purposes, as: (1) a charge of age discrimination filed with the EEOC; (2) an action alleging age discrimination filed in court by the individual or the individual's representative; or (3) a specific allegation of age discrimination communicated in writing by the individual or the individual's representative directly to the employer, employment agency, or labor organization or their representatives, and without the assistance or instigation of any such entity against which the allegation is made. Limits EEOC authority to issue rules or regulations which would permit waivers, without EEOC or court supervision, of rights or claims which are not waived in accordance with this Act. Provides that, effective upon the enactment of this Act, a specified rule on waivers issued by the EEOC shall have no force and effect.
![Official portrait of Rep. Pepper, Claude [D-FL-18]](https://www.congress.gov/img/member/p000218_200.jpg)